When can an accused enter a plea of guilty to a lesser offense?

1. At arraignment:
the accused, with the consent of the offended party and prosecutor, may be allowed by the
trial court to plead guilty to a lesser offense which is necessarily included in the offense
charged.
2. After arraignment but before trial:
The accused may still be allowed to plead guilty to said lesser offense after withdrawing his
plea of not guilty.
*No amendment of the complaint or information is necessary.
What should the court do when the accused enters a plea of guilty to capital offense?
1. The court shall conduct a searching inquiry into the voluntariness and full
comprehension of the consequences of his plea and shall requirethe prosecution to pro
ve his guilt and the precise degree of culpability.
2. The accused may present evidence in his behalf.
What does the duty to conduct searching inquiry mean?
In all cases, the judge must convince himself:
1. That the accused is entering the plea of guilty voluntarily and intelligently
2. That he is truly guilty
3. That there exists a rational basis for a finding of guilt based on his testimony
* In addition, the judge must inform the accused of the exact length of imprisonment. Also,
the judge must dispel any false notion that the accused may have that he will get off
lightly because of his plea of guilty .
What are the grounds of suspension of arraignment?
1. The accused appears to be suffering from an unsound mental condition which
effectively renders him unable to fully understand he charge against him and to
plead intelligently thereto.

In such case, the court shall order his mental examination and, if necessary, his
confinement for such purpose;
2. There exists a prejudicial question; and
3. A petition for review of the resolution of the prosecutor is pending at either the
Department of Justice, or the Office of the President; provided, that the period of
suspension shall not exceed sixty (60) days counted from the filing of the
petition with the reviewing office.
Motion to Quash
What are the grounds for a motion to quash? [FJ-JOCMEAD]
1. That the facts charged dont constitute an offense;
2. That the court trying the case doesnt have jurisdiction over the offense;
3. That the court trying the case doesnt have jurisdiction over the accused;
4. That the officer who filed the information didnt have authority to do so;
5. That it doesnt conform substantially to the form subscribed;
6. That more than one offense is charged except when a single punishment for various
offenses is prescribed by law;
7. That criminal liability or action has been extinguished;
8. That it contains averments which, if true, would constitute a legal excuse or justification;
9. That the accused has been previously convicted or acquitted of the offense charged, or the
case against him has been dismissed or otherwise terminated without the consent of the
accused.
What is the effect of sustaining a motion to quash?
The court may order that another complaint or information be filed against the accused
for the same offense
If the order is made, the accused, if in custody, shall not be discharged unless admitted
to bail.
If no order is made, or if no new information was filed
within the time specified by the court, the accused, shall be discharged
XPN: An order sustaining the motion to quash is not a bar to another prosecution for the
same offense unless the motion was based on the following grounds:
1. That the criminal action or liability has been extinguished;
2. That the accused has been previously convicted or acquitted of
the offense charged, or the case against him was dismissed or otherwise
terminated without his express consent.
What is the rule regarding Double Jeopardy?
When a person is charged with an offense and the case is terminated either by
conviction or acquittal, or in any other manner without the consent of the
accused, the latter cannot again be charged with the same or identical offense.

What are the requisites to validly raise the defense of double jeopardy?
1. A first jeopardy must have validly attached prior to the second
2. The first jeopardy must have been validly terminated
3. The second jeopardy must be for the same offense or the second offense includes
or is necessarily included in the offense charged in the first information or is an attempt
to commit the offense or a frustration thereof.
What are the requisites for jeopardy to attach?
1. There is a valid complaint or information
2. Court of competent jurisdiction
3. Arraignment
4. Plea
5. The defendant is acquitted, convicted, or the case was dismissed or terminated without his
express consent

XPN:
1. If there is insufficiency of evidence to support the charge against him, and
 2. Where there has been an unreasonable delay in the proceedings, in violation of the
accuseds right to speedy trial
Provisional dismissal
A case shall not be provisionally dismissed except with the express consent of the accused and
with notice to the offended party.
When does provisional dismissal attain finality?
Provisional dismissal of offenses punishable by imprisonment exceeding 6 years or a fine of
any amount shall become permanent after one year without the case having been revived.

For offenses punishable by imprisonment of more than 6 years, the provisional dismissal
shall become permanent after 2 years without the case having been revived.
After the provisional dismissal becomes final, the accused cannot be prosecuted anymore

When can a case for provisional dismissal be dismissed?

A case can only be dismissed provisionally if the accused expressly consents, such
consent given in writing or viva voce.

It must be positive, direct, unequivocal consent requiring no inference or implication to

supply its meaning. The mere inaction of silence of the accused to a provisional
dismissal of the case or his failure to object to a provisional dismissal doesnt amount to
express consent.

Pre-trial

What is Pre-trial and what are the matters to be taken during the pre-trial?

Pre-trial is mandatory in nature and is made to expedite cases.

Matters to be taken up during the pre-trial are as follows: (PS-MOMS)

(a) plea bargaining;

(b) stipulation of facts;

(c) marking for identification of evidence of the parties;

(d) waiver of objections to admissibility of evidence;

(e) modification of the order of trial if the accused admits the charge but interposes a lawful
defense; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of
the case.

Pre-Trial Agreement
Sec. 2. Pre-trial agreement. All agreements or admissions made or entered during the pre-
trial conference shall be reduced in writing and signed but the accused and counsel,
otherwise, they cannot be used against the accused. The agreements covering the matters
referred to in section 1 of this Rule shall be approved by the court.

Non-appearance At Pre-Trial Conference

1. If the absent party is the plaintiff, then his case shall be dismissed.
2. If it is the defendant who fails to appear, then the plaintiff is allowed to present his
evidence ex parte and the court shall render judgment on the basis thereof.

*Thus, the plaintiff is given the privilege to present his evidence without objection from the
defendant, the likelihood being that the court will decide in favor of the plaintiff, the defendant
having forfeited the opportunity to rebut or present its own evidence.
(Tolentino vs. Heirs of Laurel G.R. No. 181368)

Pre-trial Order

Sec. 4. Pre-trial order. After the pre-trial conference, the court shall issue an order reciting
the actions taken, the facts stipulated, and evidence marked. Such order shall bind
the parties, limit the trial to matters not disposed of, and control the course of the action
during the trial, unless modified by the court to prevent manifest injustice.

What is a pre-trial order?

It is an order issued by the court after the pre-trial conference containing:

1. A recital of the actions taken

2. The facts stipulated
3. The evidence marked

The pre-trial order binds the parties, limits the trial to matters not disposed of, and controls the
course of action during the trial, unless modified by the court to prevent manifest injustice.

What cases shall be referred to CAM and be the subject of JDR proceedings? (SEKQ-
FEPETH)
(1) All civil cases and the civil liability of criminal cases covered by the Rule on Summary
Procedure, including the civil liability for violation of B.P. 22, except those which by law may
not be compromised;

(2) Special proceedings for the settlement of estates;

(3) All civil and criminal cases filed with a certificate to file action issued by the Punong
Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay
Law

(4) The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;

(5) The civil aspect of less grave felonies punishable by correctional penalties not exceeding 6
years imprisonment, where the offended party is a private person;

(6) The civil aspect of estafa, theft and libel;

(7) All civil cases and probate proceedings, testate and intestate, brought on appeal from the
exclusive and original jurisdiction granted to the first level courts under Section 33, par. (1) of
the Judiciary Reorganization Act of 1980;

(8) All cases of forcible entry and unlawful detainer brought on appeal from the exclusive and
original jurisdiction granted to the first level courts under Section 33, par. (2) of the Judiciary
Reorganization Act of 1980;

(9) All civil cases involving title to or possession of real property or an interest therein brought
on appeal from the exclusive and original jurisdiction granted to the first level courts under
Section 33, par.(3) of the Judiciary Reorganization Act of 1980; 13 and

(10) All habeas corpus cases decided by the first level courts in the absence of the Regional
Trial Court judge, that are brought up on appeal from the special jurisdiction granted to the
first level courts under Section 35 of the Judiciary Reorganization Act of 1980.**

**Consolidated and Revised Guidelines on CAM and JDR

Trial
In what instances is the presence of the accused required by law?

Section 14(2), Article III of the Constitution, authorizing trials in absentia, allows the
accused to be absent at the trial but not at certain stages of the proceedings, to wit:
 a) at arraignment and plea, whether of innocence or of guilt;
(b) during trial, whenever necessary for identification purposes; and
(c) at the promulgation of sentence, unless it is for a light offense, in which case, the
accused may appear by counsel or representative.

At such stages of the proceedings, his presence is required and cannot be waived (People
vs. De Grano [2009])

What are the requisites of a valid trial in absentia?

1. The accused has been already arraigned

2. He has been duly notified of the trial
3. He fails to appear at the trial but his non-appearance at the trial is unjustifiable

When is the right to be present waived?

The right to be present can be waived except in the following situations where the presence of
the accused at the trial is required

1. During arraignment
2. During promulgation of judgment, except if it is for a light offense
3. When the presence of the accused at the trial is required for
purposes of identification, unless he admits beforehand that he is the same person
charged.

What is the remedy if the accused is not brought into trial before the period allotted? ()

1. The accused should move to dismiss the information, on a motion nolle prosequi, on
the ground of denial of his right to speedy trial
2. He shall have the burden of proving the motion, but the prosecution shall have the
burden of proving that the delay was covered by the allowed exclusions of time.
3. If the complaint or information is dismissed, the accused can plead double jeopardy
to a subsequent prosecution
4. The accused must move to dismiss before actually going to trial. Otherwise, it is a
waiver of the right to dismiss

Sec. 10. No provision of law on speedy trial and no rule implementing the same shall be
interpreted as a bar to any charge of denial of the right to a speedy trial guaranteed by
Section 14(2), Article III, of the 1987 Constitution.
What are the requisites in order for a person to be discharged as a state witness? (ANSAM)

1. There is absolute necessity for the testimony of the accused whose discharge
is requested;
2. There is no direct evidence available for the proper prosecution of the offense
committed, except the testimony of the said accused;
3. The testimony of said accused can be substantially corroborated in its material
points;
4. Said accused does not appear to be the most guilty; and
5. Said accused has not at any time been convicted of any offense involving moral
turpitude.

What is the effect of a discharge as a state witness?

Sec. 18. Discharge of accused operates as acquittal.

The order indicated in the preceding section shall amount to an acquittal of the
discharged accused and shall be a bar to future prosecution for the same offense, unless the
accused fails or refuses to testify against his co-accused in accordance with this sworn
statement constituting the basis for his discharge.

What is a judgment?

Adjudication by the court that the accused is guilty or not guilty of the offense charged
and the imposition on him of the proper penalty and civil liability, if any.

What is the form required for judgment? (ODSC)

1. It must be written in the official language

2. Personally and directly prepared by the judge
3. Signed by him
4. It shall contain clearly and distinctly a statement of the facts and the law upon
which it is based.

What are the contents of a judgment?

1. If the judgment is of conviction, it shall state the following: (CLIP-C)

a. The legal qualification of the offense constituted by the acts committed by

the accused and the aggravating and mitigating circumstances which attended the
commission
b. The participation of the accused as principal, accomplice, or accessory
 c. The penalty imposed upon the accused
d. The civil liability or damages, if any, unless the
enforcement of the civil liability has been reserved or waived by the offended
party.

2. If the judgment is of acquittal (APA)

a. Whether the evidence of the prosecution absolutely failed to prove the guilt of the
accused or merely failed to proved it beyond reasonable doubt
b. If the act or omission from which the civil liability might arise doesnt exist

Is promulgation in the absence of the accused possible?

As a general rule, judgment must be promulgated in the presence of the accused.

However, if the conviction is for a light offense, the judgment may be pronounced in the
presence of his counsel or representative.

Also, if the accused fails to attend the promulgation, even if he was notified thereof, or if
he jumped bail or escaped from prison, judgment may be validly promulgated in absentia
Promulgation of judgment.

The judgment is promulgated by reading it in the presence of the accused and any judge of
the court in which it was rendered. However, if the conviction is for a light offense the
judgment may be pronounced in the presence of his counsel or representative.
(Pascua vs CA : 140243 : December 14, 2000)

When does a judgment attain finality?

Except in cases where the death penalty is imposed, judgment becomes final: (ASAWA)

1. After the lapse of time for perfecting an appeal

2. When the sentence has been partially or totally satisfied
3. When the accused has expressly waived in writing his right to appeal
4. When the accused has applied for probation

New Trial
What are the grounds for New Trial?
A party may move for new trial on the following grounds:

1. Errors of law or irregularities prejudicial to the substantial rights of the accused have
been committed during the trial
 2. That new and material evidence has been discovered which the
accused couldnt with reasonable diligence have discovered andproduced at the trial
and which if introduced and admitted would probably change the judgment

Are the mistakes of a counsel sufficient for new trial?

No. The mistakes of counsel generally bind the client, unless he misrepresented
himself as a lawyer when he was in fact not one

A new trial may also be granted where the incompetence of the counsel is so great
that the defendant is prejudiced and prevented from fairly presenting his defense and
where the error of counsel is serious.

What are the grounds for reconsideration?

Sec. 3. Ground for reconsideration. The court shall grant reconsideration on the ground
of errors of law or fact in the judgment, which requires no further proceedings.

What is the form required for a motion for new trial or reconsideration?

Sec. 4. Form of motion and notice to the prosecutor. The motion for new trial or
reconsideration shall be in writing and shall state the grounds on which it is based.

If based on a newly-discovered evidence, the motion must be supported by affidavits of

witnesses by whom such evidence is expected to be given or by duly authenticated
copies of documents which are proposed to be introduced in evidence. Notice of the
motion for new trial or reconsideration shall be given to the prosecutor.

What are the effects of a granted motion for new trial?

The following are the effects of a grant for new trial:

1. If it is based on errors of law or irregularities committed during
the trial, a trial de novo ensues. This means that all the proceedings and evidence
affected by the error or irregularity will be set aside. The court may, in the interest of
justice, allow the introduction of additional evidence.

2. If it is based on the ground of newly discovered evidence, the

evidence already adduced will stand. The newly discovered
evidence and whatever other evidence the court will allow to be
introduced shall be taken and considered together with the evidence already on
record
 3. In all caseswhether the court grants new trial or reconsideration
the original judgment shall be set aside or vacated and a new judgment rendered

What are the requisites for granting a motion for new trial on the ground of newly
discovered evidence?

The requisites are the following: (DEMM)

1. The evidence must have been discovered after trial;

2. Such evidence couldnt have been discovered and produced at the trial even with
the exercise of reasonable diligence;
3. The evidence is material, not merely cumulative, corroborative, or impeaching;
4. The evidence must go into the merits, such that it would produce a different result
if admitted.

Appeal and the Fresh Period Rule (Neypes Doctrine)

The High Court is allowing a fresh period of 15 days from receipt of the order
dismissing or denying a motion for new trial or motion for reconsideration.

In Neypes, the Court modified the rule in civil cases on the counting of the 15-day period within
which to appeal. The Court categorically set a fresh period of 15 days from a denial of a motion
for reconsideration within which to appeal, thus: The Supreme Court may
promulgate procedural rules in all courts.

How is appeal taken?

Sec. 3. How appeal taken.

(a) To the Regional Trial Court, or to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction:

Filing a notice of appeal with the court which rendered the judgment or final order
appealed from and by serving a copy thereof upon the adverse party.

(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in
the exercise of its appellate jurisdiction:

Petition for review under Rule 42.

(c) The appeal to the Supreme Court in cases where the penalty imposed by the
Regional Trial Court is reclusion perpetua, or life imprisonment, or where a lesser penalty is
imposed:

by filing a notice of appeal in accordance with paragraph (a) of this section.

(d) No notice of appeal is necessary in cases where the death penalty is imposed by the
Regional Trial Court. The same shall be automatically reviewed by the Supreme Court as
provided in section 10 of this Rule.

**Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the
Supreme Court shall be by petition for review on certiorari under Rule 45.

What is the effect of an appeal by any of several accused?

(a) An appeal taken by one or more of several accused shall not affect those who did
not appeal, except insofar as the judgment of the appellate court is favorable and
applicable to the latter.

(b) The appeal of the offended party from the civil aspect shall not affect the criminal
aspect of the judgment or order appealed from.

(c) Upon perfection of the appeal, the execution of the judgment or final order
appealed from shall be stayed as to the appealing party.

Sample Question: A
A and B were convicted of muder. Only A appealed. Should the decision of the appellate court
bind B?

It depends. If the decision of the appellate court should be beneficial to B, then it

should affect him. If the decision would not benefit him, it shouldnt bind him

Dismissal of Appeal

What are the grounds for dismissal of appeal? (SATAN-FAAN)

The grounds for dismissal of appeal by the CA are the following:

1. Failure of the record on appeal to show on its face that the appeal was taken within
the reglementary period;
 2. Absence of specific assignment of errors in appellants brief or page references to
the record;
3. Failure of the appellant to take necessary steps for the completion or correction of
the record within the time limited by the order;
4. Failure of appellant to appear at the preliminary conference or to comply with
orders, circulars, or directives of the court without justifiable cause
5. Judgment or order appealed from is not appealable.
6. Failure to file the notice of appeal or record on appeal within the period;
7. Failure of the appellant to pay the docket and other lawful fees;
8. Unauthorized alterations, omissions, or additions in the approved record on
appeal;
9. Failure of the appellant to serve and file the required number of copies of his brief
or memorandum within the time provided.

Search and Seizure

Section 1. Search warrant defined. A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring it before
the court.

Distinction of Search Warrant and Warrant of Arrest

SEARCH WARRANT WARRANT OF ARREST

The applicant must show: The applicant must show:

1. that the items sought are in fact seizable by 1. probable cause that an offense has been
virtue of being connected with criminal committed; and
activity; and
2. that the person to be arrested committed it
2. that the items will be found in the place to be
searched.
The judge need not conduct a personal
examination of the applicant and his
The judge must conduct a personal, witnesses. He may rely on the affidavits of
searching examination of the applicant and the witnesses and the recommendation of
his witnesses the prosecutor.

Where is an application for search warrant filed?

GR: Any court within whose territorial jurisdiction a crime was committed but for compelling
reasons stated in the application, any court within the judicial region where the crime was
committed if the place of the commission of the crime is known, or any court within the judicial
region where the warrant shall be enforced.
XPN: if the criminal action has already been filed, the application shall only be made in the
court where the criminal action is pending.

When is probable cause essential?

1. Probable cause in filing of an information
Facts and circumstances that would engender a well-grounded belief
that a crime has been committed and the person to be charged is probably guilty
thereof.
2. Probable cause in the issuance of a search warrant
Facts and circumstances that would lead a reasonable discreet and prudent
man to believe that there has been a crime committed and the things and objects
connected to the crime committed are in the place to be searched

3. Probable cause in the issuance of a warrant of arrest

Facts and circumstances that would engender a well-grounded belief that a
crime has been committed and the person to be arrested committed it.
What must a judge do to an application of a search warrant? What is the rule on
particularity?
Sec. 4. Requisites for issuing search warrant. A search warrant shall not issue except
upon probable cause in connection with one specific offense to be determined personally by the
judge after examination under oath or affirmation of the complainant and the witness he may
produce, and particularly describing the place to be searched and the things to be seized which
may be anywhere in the Philippines.

Hon ne chan vs. Honda Motor:

The constitutional requirement of reasonable particularity of description of the things to
be seized is primarily meant to enable the law enforcers serving the warrant to:
(1) readily identify the properties to be seized and thus prevent them from seizing the
wrong items; and
(2) leave said peace officers with no discretion regarding the articles to be seized and thus
prevent unreasonable searches and seizures. It is not, however, required that the things to be
seized must be described in precise and minute detail as to leave no room for doubt on the part
of the searching authorities.

In Bache and Co. (Phil.), Inc. v. Judge Ruiz,[31] it was pointed out that one of the tests to
determine the particularity in the description of objects to be seized under a search warrant is
when the things described are limited to those which bear direct relation to the offense for which
the warrant is being issued.

What are the exceptions to the rule on the search warrant requirement?

Generally, a search warrant is required in search and seizure. However warrantless searches
are allowed in the following instances: (CuMP-CIS)
1. customs searches;
2. searches of moving vehicle;
3. seizure of evidence in plain view;
4. consented searches;
5. search incidental to a lawful arrest; and
6. stop and frisk measures.

Provisional Remedies

What is the nature of provisional remedies?

1. Provisional remedies are temporary, auxiliary, and ancillary remedies available to a litigant
for the protection and preservation of his rights while the main action is pending. They are
writs and processes which are not main actions and they presuppose the existence of a
principal action.

What are the provisional remedies specified under the rules?

a. Preliminary attachment (Rule 57);

b. Preliminary injunction (Rule 58);
c. Receivership (Rule 59);
d. Replevin (Rule 60); and
e. Support pendent lite (Rule 61).